BILL NUMBER: AB 2808	CHAPTERED  09/07/00

	CHAPTER   334
	FILED WITH SECRETARY OF STATE   SEPTEMBER 7, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 6, 2000
	PASSED THE ASSEMBLY   AUGUST 23, 2000
	PASSED THE SENATE   AUGUST 22, 2000
	AMENDED IN SENATE   JUNE 15, 2000
	AMENDED IN ASSEMBLY   MAY 9, 2000
	AMENDED IN ASSEMBLY   APRIL 26, 2000

INTRODUCED BY   Assembly Member Papan

                        FEBRUARY 28, 2000

   An act to add and repeal Article 3.5 (commencing with Section
8028) of Chapter 13 of Division 3 of the Business and Professions
Code, relating to shorthand reporting.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2808, Papan.  Shorthand reporting entities.
   Existing law provides for the certification and regulation of
shorthand reporters and for the regulation of shorthand reporting
corporations by the Court Reporters Board.  Under existing law,
shorthand reporting corporations are professional corporations,
governed generally under the Moscone-Knox Professional Corporations
Act, that render professional services through certified shorthand
reporters.
   This bill would  allow the board between January 1, 2001, and July
1, 2002, to examine, evaluate, and investigate complaints against
shorthand reporting entities, as defined, for the purpose of
determining the necessity to register these entities and would
require the board to report its findings in this regard to the
Legislature, as specified.  This bill would provide that these
provisions shall remain in effect only until January 1, 2004.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Article 3.5 (commencing with Section 8028) is added to
Chapter 13 of Division 3 of the Business and Professions Code, to
read:

      Article 3.5.  Shorthand Reporting Entities Complaint Evaluation
and Report to the Legislature

   8028.  (a) For the purposes of determining the necessity for the
board to register shorthand reporting entities and subject those
entities to its discipline and oversight, the board shall, until July
1, 2002, be authorized to examine, evaluate, and investigate
complaints against shorthand reporting entities.  Nothing in this
subdivision shall be construed to grant the board any authority to
discipline or sanction shorthand reporting entities that is not
otherwise permitted by law.
   (b) For purposes of this article, a "shorthand reporting entity"
is an entity or person that holds itself out as a deposition agency,
offers a booking or billing service for certified shorthand
reporters, or in any manner whatsoever acts as an intermediary for a
person, entity, or organization that employs, hires, or engages the
services of any person licensed as a certified shorthand reporter.
This article does not apply to any department or agency of the state
that employs hearing reporters.
   (c) The board may examine, evaluate, and investigate complaints
pursuant to subdivision (a)  beginning January 1, 2001, and
continuing until no later than July 1, 2002.
   8028.2.  Based on the information gathered pursuant to Section
8028, the board shall, on or before July 1, 2002, submit a report to
the Legislature, including recommendations on the necessity for the
board to register shorthand reporting entities.  If the report
recommends the registration of shorthand reporting entities, the
report shall include:
   (a) A description of the problem that establishing the new
registration requirement would address, including the specific
evidence of the necessity for the state to address the problem.
   (b) The reasons this proposed registration requirement was
selected to address this problem, including the full range of
alternatives considered and the reason each of these other
alternatives was not selected.
   (c) The specific public benefit or harm that would result from the
establishment of the proposed registration requirements, the
specific manner in which the registration requirements would achieve
this public benefit, and the specific standards of performance that
shall be used in reviewing the subsequent operation of the shorthand
reporting entities.
   (d) The specific source or sources of revenue and funding the
board will utilize to regulate the newly registered entities in order
to achieve its mandate.
   8028.4.  This article shall remain in effect only until January 1,
2004, and as of that date is repealed, unless a later enacted
statute, that is enacted on or before January 1, 2004, deletes or
extends that date.
